BUILDING WORK CONTRACTORS ACT 1995 - SECT 21
BUILDING WORK CONTRACTORS ACT 1995 - SECT 21
21—Cause for disciplinary action
(1) There is proper
cause for disciplinary action against a building work contractor if—
(a)
licensing of the contractor was improperly obtained; or
(b) the
contractor has acted contrary to an assurance accepted by the Commissioner
under the Fair Trading Act 1987 ; or
(c) the
contractor or another person has acted contrary to this Act or otherwise
unlawfully, or improperly, negligently or unfairly, in the course of
conducting, or being employed or otherwise engaged in, the business of the
contractor; or
(d) the
contractor has failed to comply with an order made by a court under
Part 5; or
(e)
events have occurred such that the contractor would not be entitled to be
licensed as a building work contractor if the contractor were to apply for a
licence.
(2) There is proper
cause for disciplinary action against a building work supervisor if—
(a)
registration of the supervisor was improperly obtained; or
(b) the
supervisor has acted unlawfully, improperly, negligently or unfairly in the
course of acting as a building work supervisor.
(3) There is proper
cause for disciplinary action against a building consultant if—
(a) the
consultant has acted contrary to an assurance accepted by the Commissioner
under the Fair Trading Act 1987 ; or
(b) the
consultant has acted unlawfully, improperly, negligently or unfairly in the
course of acting as a building consultant.
(4) Disciplinary
action may be taken against each director of a body corporate that is a
building work contractor or building consultant if there is proper cause for
disciplinary action against the body corporate.
(5) Disciplinary
action may not be taken against a person in relation to the act or default of
another if that person could not reasonably be expected to have prevented the
act or default.
(6) This section
applies in relation to conduct occurring before or after the commencement of
this section.